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PARRIS N. GLENDENING, Governor
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Ch. 16
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CHILDREN'S HEALTH PROGRAM established under Title 15, Subtitle 3 of the Health -
General Article or arrange for an individual employee or dependent of an employee to
apply for the [Children and Families Health Care Program] MARYLAND CHILDREN'S
HEALTH PROGRAM established under Title 15, Subtitle 3 of the Health - General
Article if the agent, broker, or insurer has an economic interest in the referral or the
arrangement and the agent's, broker's, or insurer's sole purpose is to separate that
employee or that employee's dependent from group health insurance coverage
provided in connection with the employee's employment.
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article - Health - General
15-302.
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(b) (1) An application may be disapproved if it is determined that an
individual under the age of 19 years to be covered under the Maryland Children's
Health Program, for whom the application was submitted, was covered by an
employer-sponsored health benefit plan with dependent coverage which was
voluntarily terminated[:
(i) within] WITHIN 6 months preceding the date of the application
[of an individual at or below 200 percent of the Federal Poverty Guidelines; or
(ii) within 12 months preceding the date of the application of an
individual above 200 percent, but at or below 300 percent of the Federal Poverty
Guidelines].
(2) In determining whether an applicant has voluntarily terminated
coverage under an employer sponsored health-benefit plan for purposes of paragraph
(1) of this subsection, a voluntary termination may not be construed to include:
(i) Loss of employment due to factors other than voluntary
termination;
(ii) Change to a new employer that does not provide an option for
dependent coverage;
(iii) Charge of address so that no employer sponsored health benefit
plan is available;
(iv) Discontinuation of health benefits to all dependents of
employees of the applicant's employer; or
(v) Expiration of the applicant's continuation of coverage under the
Consolidated Omnibus Budget Reconciliation Act (COBRA).
SECTION 4. 3. AND BE IT FURTHER ENACTED, That the publisher of the
Annotated Code of Maryland, subject to the approval of the Department of Legislative
Services, shall correct any references to the Children and Families Health Care
Program throughout the Code that are rendered incorrect by this Act.
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- 183 -
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